Whether you’re the one asking for a divorce or being asked for one, the process is never easy. You’ve invested time and emotion into a relationship that you’ve made the difficult (but necessary) decision to end. You need a divorce lawyer who understands where you’re coming from.
When you work with a divorce lawyer at Robert J Anderson PLLC, you’re working with someone who has the best interests of you and your family in mind. Learn more about the divorce process, and contact our Dallas office to schedule a consultation with a divorce lawyer.
The Divorce Process
There are different paths that a divorce process can take depending on the reason for your divorce, whether or not your spouse agrees to it, and if you can successfully negotiate with one another. No matter where the road takes you, entrust a divorce lawyer to help guide you through it.
File a Petition for Divorce
In Texas, your first step in the divorce process is to submit a Petition for Divorce. You’ll need to make two copies of a fully completed “Original Petition of Divorce” and submit them at a county Courthouse in a county where either you or your spouse has lived for at least 90 days.
Serve the Documents
When you petition for a divorce, you’ll give your spouse one of the file-stamped copies. There are a few ways to prove that you have given your spouse the Petition for Divorce:
You can hire an official process server to deliver the documents to your spouse in person.
Your spouse can submit a Waiver of Service to waive their rights to content the Petition for Divorce.
Your spouse can file a Response to your Petition for Divorce.
Contested vs. Uncontested Divorce
Your Petition for Divorce will either be contested or uncontested. Basically, if your spouse responds, “yes,” to the Petition, your divorce is contested. In this instance, it’s advised that you seek the counsel of a divorce lawyer to help guide you through the legal process.
In an uncontested divorce, the process is fairly straightforward. If you and your spouse can agree on the terms of your divorce, you won’t need a divorce lawyer.
Hire a Divorce Lawyer
Whether your divorce is contested or not, it may be beneficial for both you and your spouse to hire divorce lawyers. This can help the process run more smoothly.
During the negotiations for your divorce, you and your spouse will decide how to split up community property, separate property, and child custody. Remember, a divorce lawyer can help advise you on the best options for negotiations.
Divorce Court (Optional)
If you and your spouse can negotiate the terms of your divorce peacefully, going to court isn’t required. However, if you can’t reach an agreement, a trial date must be set for divorce court so a judge can determine the final terms of your divorce.